ASSUMPTION OF RISK, HOLD HARMLESS, WAIVER AND RELEASE OF LIABILITY
The undersigned is aware that participation in YMCA of Pierce and Kitsap Counties (“YMCA”) programs and use of YMCA facilities may involve certain hazards associated with equipment, physical exertion, games, sports, and other programs/activities offered by the YMCA. The undersigned acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by the YMCA, social distancing of six (6) feet per person among children and their caregivers in a childcare setting may not be possible. The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities, services, and programs of the YMCA whether such distancing is enacted or enforced or not, and acknowledges that use thereof by the undersigned and/or such participating children may, despite the YMCA's reasonable efforts to mitigate the dangers, whether active or inactive, result in exposure to medical risks or illnesses, which could result in quarantine requirements, serious illness, disability, and/or death.
THEREFORE, AS CONSIDERATION FOR THE USE OF THE YMCA PROGRAMS AND FACILITIES, WHETHER ON-SITE OR OFF-SITE, AND AS PART PAYMENT FOR, THE RIGHT TO USE YMCA FACILITIES AND PARTICIPATE IN YMCA PROGRAMS, THE UNDERSIGNED HEREBY AGREES TO HOLD HARMLESS, WAIVE, AND RELEASE THE YMCA ("YMCA" INCLUDES ITS EMPLOYEES, VOLUNTEERS, DIRECTORS, OFFICERS, AND AGENTS) FOR DAMAGES OF ANY TYPE, INCLUDING PERMANENT PHYSICAL INJURIES OR DEATH, ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE YMCA AND ALSO FOR DAMAGES OF ANY TYPE ARISING OUT OF MY OWN NEGLIGENCE, IN WHOLE OR IN PART, WHETHER IT OCCURS BEFORE, DURING OR AFTER PARTICIPATION IN ANY YMCA PROGRAM OR ACTIVITY OR USE OF YMCA FACILITIES. FURTHER, BY PARTICIPATING IN THE YMCA NATIONWIDE MEMBERSHIP PROGRAM, THE UNDERSIGNED AGREES TO RELEASE THE NATIONAL COUNCIL OF YOUNG MEN'S CHRISTIAN ASSOCIATIONS OF THE UNITED STATES OF AMERICA, AND ITS INDEPENDENT AND AUTONOMOUS MEMBER ASSOCIATIONS IN THE UNITED STATES AND PUERTO RICO, FROM CLAIMS OF NEGLIGENCE FOR BODILY INJURY, DAMAGES OR DEATH, ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE YMCA AND ALSO FOR DAMAGES OF ANY TYPE ARISING OUT OF MY OWN NEGLIGENCE, IN WHOLE OR IN PART IN CONNECTION WITH THE USE OF YMCA FACILITIES, AND FROM ANY LIABILITY FOR OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO LOSS OF PROPERTY, TO THE FULLEST EXTENT OF THE LAW.
THE UNDERSIGNED ASSUMES ALL RISK OF INJURIES AND DAMAGES AND LOSS ASSOCIATED WITH MY PARTICIPATION IN YMCA PROGRAMS AND THE USE OF YMCA FACILITIES, WHETHER DUE TO THE UNDERSIGNED’S OWN NEGLIGENCE, THE YMCA’S NEGLIGENCE OR THE NEGLIGENCE OF OTHERS, IN WHOLE OR IN PART, INCLUDING, BUT NOT LIMITED TO: FALLS, SLIPS (WHETHER OCCURRING WHILE IN THE BUILDING, OFFSITE AS A PART OF A PROGRAM, OR ANYWHERE ELSE ON THE YMCA FACILITIES OR PROPERTY, INCLUDING ADJACENT SIDEWALKS, ACCESS, AND PARKING AREAS), CONTACT WITH OTHER PARTICIPANTS, SUDDEN AND UNFORESEEN MALFUNCTIONING OF ANY EQUIPMENT, INSTRUCTION, TRAINING, SUPERVISION, MASSAGE, THERAPY, CLASSES, OR DIETARY RECOMMENDATIONS, THE EFFECTS OF THE WEATHER AND/OR TEMPERATURE INDOOR OR OUTDOOR, EXPOSURE TO ILLNESSES, GERMS, BACTERIA, VIRUSES, AND OTHER SICKNESSES THAT MAY CARRY WITH IT THE RISK OF DAMAGES, LOSS, CLAIMS, LIABILITY OR EXPENSE OF ANY KIND, PERSONAL INJURY, MEDICAL CONDITIONS AND DISABILITIES, TEMPORARY OR PERMANENT, AND EVEN DEATH. THIS EXTENDS TO ANY CLAIM THE UNDERSIGNED MAY HAVE FOR ORDINARY NEGLIGENCE ARISING OUT OF ITS CHILDREN'S USE OF YMCA FACILITIES OR PARTICIPATION IN YMCA PROGRAMS. THE UNDERSIGNED UNDERSTANDS THAT IT IS ITS OWN RESPONSIBILITY TO OBTAIN A PHYSICIAN'S RELEASE STATEMENT IF ITS CHILD HAS ANY PHYSICAL OR MENTAL CONDITION THAT MAY IMPAIR HIS OR HER ABILITY TO ENGAGE IN ANY OF THE YMCA'S PROGRAMS OR ACTIVITIES. THE UNDERSIGNED FURTHER EXPRESSLY AGREES THAT THE FOREGOING ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF WASHINGTON AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
The undersigned understands and agrees that the YMCA is not required to provide insurance to cover the undersigned or such participating children in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the YMCA.
The undersigned acknowledges and agrees that the YMCA may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with the YMCA's revised procedures prior to utilizing the facilities, services, and programs of the YMCA.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE YMCA IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE, A RELEASE, AND AN INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO THE YMCA THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
CONDITIONS OF MEMBERSHIP
Cell Phone/Videotaping: Due to the advances in video equipment and telephone video technology, and for the safety of our members and guests, any and all video- and picture capable equipment and devices may not be used in locker rooms, dressing areas, shower areas, restrooms, or other areas deemed to be "private" within the Y's facilities. The Y requests cell phone usage be reserved for the lobby or designated cell phone areas only, without exception. Text messaging and personal audio listening devices (earbuds or headphones) are permitted in exercise areas if such use does not impact personal safety or the safety of others.
Criminal History: The Y conducts regular sex offender screenings on all members, participants, and guests. If a sex offender match occurs, the Y reserves the right to cancel membership, end program participation, and remove visitation access. Applicant acknowledges it is the policy of the Y to deny membership to any individual registered as a sex offender regardless of offender level or time of conviction.
Insurance: Applicant understands the Y does not provide any accident or health insurance for its members or participants, and further understands it is the applicant's responsibility to provide such coverage.
Member Conduct and Right to Use the Facility: Applicant agrees to abide by all policies and procedures of the Y and its branches, including the member code of conduct, and understands failure to act in accordance with these rules may result in expulsion from the Y and revocation of the membership.
Member Health: Applicant represents that he/she is in physically sound condition and understands participation in fitness classes and other exercise, weight training, recreational sports, and use of pools, spas, saunas, steam rooms, and fitness equipment carry a potential risk of injuries or illness. Applicant understands the Y assumes no responsibility for any such injury, illness, or death. I also hereby acknowledge my responsibility in and commit to communicating any physical and/or psychological concerns that might conflict with my participation in any activity before engaging in such activities and, if the same arise during any activity, then promptly upon experiencing such concerns.
Membership Billing: Any discrepancies to membership billing must be brought to the Y's attention within 90 days. The Y is not liable for any discrepancies to membership billing issues past 90 days.
Property Loss: Applicant understands the Y is not responsible for personal property lost, damaged, or stolen while using the Y's facilities, including parking lots and off-site locations, or participating in the Y's programs.
Third-Party Vendors: Limited member information may be shared with third-party vendors who have contracted with the YMCA to provide services for the YMCA's members/participants enrolled in certain programs or activities at the YMCA. Please contact your local YMCA membership director if you wish to opt out.
Our full privacy statement can be found at https://www.ymcapkc.org/privacy.
YMCA PHOTO, AUDIO VISUAL, NARRATIVE RELEASE
Consent & License. For my participation in activities to be conducted by the National Council of Young Men’s Christian Associations of the United States of America (“YMCA of the USA”) or any of its chartered member associations in the United States (collectively “the Y”), and collaborating third parties, I consent, now and for all time, to the making, reproduction, editing, broadcasting or rebroadcasting of:
- video film or footage of me,
- sound track recordings of me
- photo reproductions of me
- any narrative account of my experience
My consent includes a perpetual license to the Y and collaborating third-parties for the use of the above materials for publication, display, sale or exhibition in promotions, advertising, education and commercial uses. Use includes reproductions in any form and media currently existing or later conceived, adaptations and/or revisions, throughout the world in perpetuity.
I understand and agree there may be no additional compensation for this license, and I will not make any claim for payment of any kind from the Y or collaborating third-parties. I may, or may not be, identified in such licensed uses; however, my name will not be used to endorse any particular products or services.
Ownership, Confidentiality, and Shared Use. With respect to any of the above uses, I further agree:
- All works shall belong to YMCA of the USA;
- The Y has no duty of confidentiality regarding any licensed uses;
- YMCA of the USA shall exclusively own all known or later existing rights to the uses throughout the world;
- The Y and collaborating third-parties may use any video film, footage, sound track recordings and photo reproductions of me and/or my narrative account for any purpose without additional compensation to me.
Release from Liability. I agree that my consent is irrevocable. I hereby release and discharge The Y and collaborating third-parties, from any and all claims, actions, lawsuits or demands of any kind arising out of my consent, license grants, uses, or the shared uses of any works or materials referenced herein.
My signature, below, certifies I have read and understand the following:
I authorize an Automatic Transfer System (ATS) membership payment each month from the specified checking/savings account for membership fees, on or after the date specified. Returned debit/credit card charges will be assessed a $30 fee by the YMCA. All other
returned ATS or checks will be automatically forwarded to eCashflow systems (ECS) for collection. (ECS makes two attempts to collect the funds from your account.) I understand a $30 fee will be assessed by ECS from my account upon the successful collection of funds due the YMCA. I understand changes to my membership account must be received by the 25th of the month in order to take effect the 1st of the following month. I also understand the amount charged may change (with a 30-day notification) as a result of dues increase or membership type change. I am responsible for notifying the YMCA if my address changes.